I live in Michigan, and have part custody of my nephews with my brother by the courts...He is not helping with the children at all, me and my husband are doing everything, school, doctor appt.,ect.
Can we petition after a certain time frame that my brother be removed from co-custody... His only intrest is the children's social security money which we both have to sign for. He wants part of the money...I explained this to the judge who concern was keeping the family together.
2006-08-21 01:27:46 · 5 answers · asked by jazzygirl 2 in Family & Relationships ➔ Other - Family & Relationships
The children belong to our sister..Me and my husband are not in this for the money...Every dime we do get we spend on teh children for clothing,school ect. HOwever with joint custody, My brother has to sign the check also and he is demanding a %.
2006-08-21 01:47:19 · update #1
You can, of course, petition to have the brother removed as co-custodian. However, if the issue is the social security checks, then you might consider, instead, petitioning to have the checks deposited to an account dedicated solely to the care of the children with the custodian who has physical custody of the children being the sole owner of the account. In order to make this more attractive to the court, you would propose to make and submit to court upon request, a complete accounting of the monies in that account - which would require you to maintain books and receipts for the money you spend. You could propose that any monies left over at the end of the year would be transferred into an education account for the nephews. (It IS their money after all.) In this manner you don't challenge the judge's desire to "keep the family together" but you solve the problem with money.
2006-08-21 01:43:56 · answer #1 · answered by two 4 · 0⤊ 0⤋
You can take it back into court. What helped me in my custody battle is a journal. Everyday, write in it whatever contact you had with your brother and what was said (if anything). Keep your feelings out of it and stick with the facts. Also include whatever events involved the boys (like dr appts, school events, etc) and state who was all there (especially your brother). This will come in handle because your attorney can call it into court as a legal document. It states the involvement of your brother towards the boys. Like I said, it's ESSENTIAL that you only include facts, not feelings, and do it daily. This will help establish your custody case. GOOD LUCK!
2006-08-21 08:56:29 · answer #2 · answered by T.G. 6 · 0⤊ 0⤋
Proceed with caution. If your brother senses you're going after full custody, it may be you'll get cut off from the children. Consult a lawyer and child advocate. Parental rights are usually the trump card, unless you can show his interest is money and not the best interest of his children.
2006-08-21 08:39:51 · answer #3 · answered by auld mom 4 · 0⤊ 0⤋
stop signing the checks.
after 6 months, petition the courts.
keep records of everthing; every time he calls; and what is talked about between the 2 of you; and each child needs to keep a record of what they each talk to him about and how they FEEL about it.
let the judge see how you and your husband are raising the kids without help from social security (that money could pay for college) and how it isn't keeping the family together. take them to a 'shrink'. what kind of parenting (what's it teaching the kids) is teaching young people that money can keep a family together? put the judge in his place.
2006-08-21 08:40:24 · answer #4 · answered by craina c 4 · 0⤊ 0⤋
If your brother is not helping out, I would go for full custody. the ss should be going to the children, just like child support goes to take care of the children. YES...Go file for full custody..
Good Luck and its nice to see that you stepped up to the plate so the children would not have to go into foster care.
2006-08-21 08:35:50 · answer #5 · answered by majesticwife 3 · 0⤊ 0⤋